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Patna High CourtCR. MISC./16825/2023allowed

Ratnesh Kumar Singh @ Ratnesh Kumar v. The State Of Bihar

2023-10-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16825 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Ratnesh Kumar Singh @ Ratnesh Kumar Son Of Krishna Singh VillageBahuara Sujan Ps- Kalyanpur Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinki Devi wife of Ratnesh Kumar Singh Village- Bahuara Sujan PsKalyanpur Dist- East Champaran At Present- Village- Chaulaha Babu Tola Ps- Banjaria Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Inspite of valid service of notice and putting appearance on behalf of the informant by filing Vakalatnama, none is appeared on her behalf.

3. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504 and 498A of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

4. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

Patna High Court CR. MISC. No.16825 of 2023(5) dt.16-10-2023 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the petitioner has filed Divorce Case No. 429 of 2017 before the learned court below on 19.12.2017, thereafter, this application has been filed by the opposite party no. 2 under Section 498A of the IPC against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case and the fact that the petitioner has already filed the divorce case against the opposite party no. 2, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.16825 of 2023(5) dt.16-10-2023 3/3 Kalyanpur P.S. Case No. 82 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T